Contents

Series Editor's Foreword vii

Introduction xi

George Schwab

Preface to the Second Edition (1934) 1

1 Definition of Sovereignty 5

Sovereignty and a state of exception. The concept of sovereignty in Bodin and in the theory of the state based on natural law as examples of conceptual links between sovereignty and a state of exception. Disregard of the exception in the doctrine of the liberal constitutional state. General significance of the diverse scholarly interest in rule (norm) or exception.

2 The Problem of Sovereignty as the Problem of 16

the Legal Form and of the Decision

Recent works on the theory of the state: Kelsen, Krabbe, Wolzendorff. The peculiar character of the legal form (as against the technical or the aesthetic form) resting on decision. The contents of the decision, the subject of the decision, and the independent significance of the decision in itself. Hobbes as an example of "decisionist" thinking.

3 Political Theology 36

Theological conceptions in the theory of the state. The sociology of juristic concepts, especially of the concept of sovereignty. The correspondence between the social structure of an epoch and its metaphysical view of the world, especially between the monarchical state and the theistic world view. The transition from conceptions of transcendence to those of immanence from the eighteenth to the nineteenth century (democracy, the organic theory of the state, the identity of law and the state).

4 On the Counterrevolutionary Philosophy of the 53 State (de Maistre, Bonald, Donoso Cortes)

Decisionism in the counterrevolutionary philosophy of the state. Authoritarian and anarchist theories based on the opposing theses of the "naturally evil" and "naturally good" human being. The position of the liberal bourgeoisie and Donoso Cortes's definition of it. The development from legitimacy to dictatorship in the history of ideas.

Index

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